Aldridge v. Great Atlantic & Pacific Tea Co.

Opinion by

Mb. Chief Justice Jones,

This appeal is from a judgment of non pros entered on the defendant’s petition.

Where a plaintiff neglects to prosecute his suit diligently and the delay would be harmfully prejudicial to the defendant, if the suit were to be put to trial,, the entry of a judgment of non pros is appropriate: Alker, v. The Philadelphia National Bank, 372 Pa. 327, 332-333, 93 A. 2d 699.

The facts appearing of record in the present case, and referred to in the opinion of President Judge Mc-Naughsr for the court en banc, fully justify the action of the .court below in entering the…